(a) The Department may deny, suspend, or revoke a registration issued pursuant to this Article for any of the following:
(1) Violations that resulted, or reasonably could have resulted, in the commercial sale of shell eggs or liquid eggs from egg-laying hens that were not confined in compliance with this Article;
(2) Demonstrated pattern of violations with the requirements of this Article and/or statutes pertaining to shell eggs, liquid eggs or egg-laying hens in sections 25990-25992 of the Health and Safety Code;
(3) Refusal to grant access for, or interference with, inspections or audits as described in sections 1320.3 or 1320.6 of this Article;
(4) Misrepresenting shell eggs or liquid eggs as being produced in compliance with this Article; or
(5) Providing false information on an application for registration.
(b) Proposed suspension or revocation. The Department shall send a written notice of proposed suspension or revocation of registration to the egg distributor. The notice of proposed suspension or revocation shall state:
(1) The date the proposed suspension or revocation is issued;
(2) The reasons for the proposed suspension or revocation;
(3) The effective date of the proposed suspension or revocation;
(A) The effective date of suspension or revocation is 30 calendar days after the date that the proposed suspension or revocation is issued;
(4) The impact of a suspension or revocation on future eligibility for registration including conditions for reinstatement which will be determined by the Department based on the demonstrated pattern of violations described in subsections (a)(1) through (a)(5) of this section; and
(5) The right to request a formal hearing pursuant section 1327.2 of this Chapter within 30 calendar days of the date the proposed suspension or revocation was issued. Registration shall remain in effect pending the outcome of the formal hearing.
(c) A person may appeal the Department's decision to deny an application or renewal of a registration by requesting a formal hearing pursuant to section 1327.2 of this Chapter within 30 calendar days of the date of the notice of denial.
Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990, 25991 and 25992, Health and Safety Code.
1. New section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 1/13/23 Register 2023, No. 2.
Cal. Admin. Code tit. 3, § 1320.9, 3 CA ADC § 1320.9